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Welch v. Synoground

Welch v. Synoground, 97 N.W. 720 (S.D. 1903)
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Court
South Dakota Supreme Court · State Highest Courts
Decided
December 29, 1903
Judges
Corson
Citations
97 N.W. 72017 S.D. 5141903 S.D. LEXIS 86
Disposition
Appeal dismissed.
Syllabus
Where appellant has filed no brief, though more than six months have elapsed since the case was placed on the calendar and regularly submitted for decision, the court will presume that the appeal has been abandoned, and will either dismiss the same or affirm the judgment, as it may deem proper.
Summary
Appeal from circuit court, Brown county; Hon. A. W. Campbell, Judge. Action by James H. Welch against N. O. P. Synoground. From a judgment for defendant, plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Corson

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Corson, J.

The abstract in this case was filed in this court on March 9, 1903, and the case placed on the April, 1903, calendar, and regularly submitted for decision under rule 21 of this court. Although more than six months have elapsed since such submission, no brief has been filed on the part of the appellant, and m such case this court will presume that the appeal has been abandoned, and will either dismiss the same or affirm the judgment, as it may deem proper. Benedict v. Smith, 10 S. D. 35, 71 N. W. 139 ; Giles v. Hawkeye M. Co., 11 S. D. 222, 76 N. W. 928 ; Russel v. Deadwood Development Co. 16 S. D. 644 94 N. W. 693 . In this case the appeal will be dismissed, and it is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1913: 119132026peak 1913 · 1

Relies on it most ⓘ

  1. Dakota National Bank v. Klein-Schmidt139 N.W. 348 (S.D. 1913)

Most recent

  1. Dakota National Bank v. Klein-Schmidt139 N.W. 348 (S.D. 1913)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

DepthCaseCited by
Benedict v. Smith, 71 N.W. 139 (S.D. 1897) 6
Giles v. Hawkeye Gold-Mining Co., 76 N.W. 928 (S.D. 1898) 3
Russell v. Deadwood Dev. Co., 94 N.W. 693 (S.D. 1903) 3

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